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Would this person be Eligible for JSA?

Right ive been asked to ask this question!

I know that if you leave your job without getting sacked that you can have your benefit sanctioned for a set period of time.

What if you had to leave your job?

A friend currently works for a Company that is invovled in International Cargo which requires clearance by DFT. Now this person managed to go under the radar and fine for the last 16 months. However 8 months to starting this job he was in Prison for something quite serious, obviously the current employer knows nothing about this..

Roll on this week and the DFT have advised the company that they must be CRB check all those involved in the handling of air cargo.

So obviously this would result in this persons termination when the CRB came back,,

He got paid yesterday and and is walking out tomorrow etc etc.

Now if he had to claim JSA and made this information available to the Decision maker when he makes a claim will this information mean his claim is less likely to be sanctioned or not?
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Comments

  • Torry_Quine
    Torry_Quine Posts: 18,887 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Whether you are sacked or resign from a job you can be sanctioned. When you apply for JSA you are asked why the job ended and then the company are contacted for verifiction. While they make a decision JSA is still paid.
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  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    Given that he will not "pass" the CRB check due to his own misconduct, he may be sanctioned when he applies for JSA. If he was unable to do the job for a reason that was not his own fault (for instance, a driver losing his license for medical reasons) he would not be sanctioned.
  • Broke_n_Broken
    Broke_n_Broken Posts: 195 Forumite
    edited 3 May 2012 at 7:07PM
    I'd tell him not to just walk out. You would be surprised as to what they will let go on a CRB check, if it's not relevant. Just because he has a record doesn't mean he will lose his job.
    Unless of course the current company asked him to declare convictions when he applied, then that would be sack-able and possibly criminal (still doesn't mean he will be sacked though).
    If that's the case then leaving may not save his bacon, as they could CRB check him as a recent employee. Also by walking out he's admitting he knows he did something wrong.
    A decision maker may ask why your friend didn't bite the bullet and come clean and see what happens, or ask for a transfer to a non-CRB checked job. As said, however he loses his job he could be sanctioned if it's deemed to be his fault.
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  • notts_phil
    notts_phil Posts: 1,087 Forumite
    Thanks for your advice

    His conviction is quite serious and he didnt declare it when he applied. He would be sacked on the spot because of the crime. So hes going to leave before they have a chance of finding out. He wont fill the CRB forms out.

    The main problem being is that this company is audited by the DFT!!!
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  • karenx
    karenx Posts: 4,988 Forumite
    Your friend will then be sanctioned for leaving his job
  • dookar
    dookar Posts: 1,654 Forumite
    If claimants and their employers agreed to end or suspend the claimants'
    employment because of offences committed before their employment began, they
    have not voluntarily left employment

    I'd suggest open communication with the employer, aiming to achieve the above agreement is the best option
  • notts_phil
    notts_phil Posts: 1,087 Forumite
    What if got he a short term job for example then had to claim.would leaving this previous job still affect any possible claim( this may of course.not be needed)
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  • salfordgirl
    salfordgirl Posts: 107 Forumite
    It depends on the nature of a short term job, is it a limited contract time wise?

    In his current job he would be better to explain the circumstances of the conviction before going through the CRB check. If he explains the circumstances it is more likely that they will consider if it is relevant or not, rather than them finding out afterwards and then looking at his honesty.
  • dookar
    dookar Posts: 1,654 Forumite
    notts_phil wrote: »
    What if got he a short term job for example then had to claim.would leaving this previous job still affect any possible claim( this may of course.not be needed)

    Not in the slightest
  • Agree with dookar, think they only look at reason for leaving LAST job, they can't argue if it's end of the contract.
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